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Registration of Out of State Custody Orders

Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act requires one state court to recognize the custody order of another state court. In order for an out of state custody order to be recognized and enforced by another state, it must first be “registered.” This entails the filing of a Petition for Registration, or some other court form, as well as, the filing of two certified copies of the original out of state custody order. Once this action is taken, the filing party must serve the other party with the registration request. The other party is then provided with a certain amount of time to oppose the registration of the out of state custody order. During this time, all defenses to the registration process must be raised, or they are waived. If the opposing party chooses to oppose the registration, a hearing will be scheduled. If there is no opposition to the registration, the out of state custody order will be confirmed, and its terms and provisions will be acknowledged and enforced by the registering state. Continue Reading